DA Stan Garnett says Boulder community's outrage is 'vindicated'

From the moment a photo of a dead elk surfaced, the Boulder community has been captivated by the animal's fate and the hunt for what really happened on Mapleton Hill on Jan. 1, 2013.

After just a few hours of deliberation Tuesday, a Boulder County jury came to the same conclusion investigators did: Then-police officer Sam Carter plotted the kill and then used his badge to try to cover it up.

Carter was found guilty on all nine counts — including four felonies — filed against him after a weeklong trial.

Prosecutors say Carter shot the trophy elk in the residential area while on duty — without reporting that he'd fired his weapon — then claimed the animal had been injured and needed to be put down. Text messages showed he had planned the kill.

He was convicted of attempting to influence a public official, a Class 4 felony; one count of forgery, a Class 5 felony; and two counts of tampering with evidence, a Class 6 felony.

He also was convicted on counts of first-degree official misconduct, illegal possession of a trophy elk with a Samson Law surcharge, conspiracy to commit illegal possession of wildlife, unlawful taking of a big game animal out of season and unlawful use of an electronic communication device to unlawfully take wildlife.

Carter is due for sentencing Aug. 29 and could face up to six years in prison on the Class 4 felony conviction. Prosecutors did not ask for a change in Carter's $20,000 personal recognizance bond, and Carter and his attorneys left without commenting.

District Attorney Stan Garnett said the verdict served to "vindicate" the outrage the Boulder community felt and was important because it involved an officer abusing his authority.

"This was about something that is essential to every community, and that is integrity in public service," Garnett said.

He also stressed the importance of protecting wildlife.

Sam Carter is hugged Tuesday, June 3, 2014, by his lawyer Carrie Slinkard after being found guilty on all counts in the shooting of a trophy elk on Mapleton Hill in Boulder. (MARK LEFFINGWELL)

"I didn't want to have lost in the rigmarole of the criminal charges the majesty of this animal and its impact on the community," Garnett said. "People who want to tease Boulder about this case have probably never seen an elk quite like this."

The death of the elk, named "Big Boy" by some residents, sparked outrage and immediate calls for action against Carter and fellow Boulder police officer Brent Curnow, who picked up the carcass.

One of the jurors, Zach Dahmen, said there was a lot of debate during deliberations but that ultimately he felt the prosecution proved its case beyond a reasonable doubt.

"We just felt like the facts that were presented were irrefutable," Dahmen said. "No one took any pleasure in convicting Mr. Carter. It wasn't something anyone took joy or pride in. But we do believe the verdict we came to was honest and served justice in this case."

He said while he is relieved it's over, he will always remember the case.

"I don't think any of us will be walking away from this anytime soon," he said. "I think we will carry this for a while."

'Case needed to go to trial'

Garnett said prosecutors will wait for a pre-sentence investigation before making a sentence recommendation.

The goal, he said, was to get at least one felony on Carter's record so he could never serve as a police officer again, but he added Carter has no prior criminal record and that sending an ex-cop to prison is a "complex" issue.

But Garnett did say he will be asking for a more severe sentence than the 60-day home detention sentence Curnow received after taking a plea deal.

"Brent Curnow manned up and took some responsibility," said Garnett, who added Carter was the one who hatched the plan and fired the shot.

Garnett said unlike Curnow, Carter was never offered a plea deal.

"I felt this case needed to go to trial," Garnett said. "We wanted to present this evidence in open court."

Several members of the community attended the trial, including Boulder resident Jessica Sandler.

"It is so rare for an animal to get any semblance of justice in our court system," Sandler said. "Though we'd much rather have the elk back alive, hopefully a lying and corrupt cop will be going to jail for betraying the public trust in such an egregious fashion."

Rita Anderson, of In Defense of Animals, said "justice was served" and that the jury made the right decision.

"An elk was killed for no reason other than someone's obvious greed," Anderson said.

Garnett said he and investigators were "astonished" when they first examined the evidence in the case.

"The public should know the Boulder Police Department's character as an organization is high," he said.

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